South Carolina Urges 4th Circuit To Reinstate Suit Over OSHA Penalties

South Carolina is urging the 4th Circuit to reinstate its litigation challenging OSHA’s requirement that states match annual increases to federal minimum and maximum OSH Act penalties, arguing a lower court erred in finding South Carolina’s Administrative Procedure Act (APA) claims were time-barred. The district court wrongly concluded that OSHA’s 2016 publication of an interim final rule that increased penalty amounts to account for inflation and required states with approved state plans to match the federal penalty amounts made South...